substitution

substitution

n. putting one person in place of another, in particular replacement of the attorney of record in a lawsuit with another attorney (or the party acting in propria persona). (See: substitution of attorney)

SUBSTITUTION, civil law. In the law of devises, it is the putting of one
person in the place of another, so that he may, in default of ability in the
former, or after him, have the benefit of a devise or legacy.
2. It is a species of subrogation made in two different ways; the first
is direct substitution, and the latter a trust or fidei commissary
substitution. The first or direct substitution, is merely the institution of
a second legatee, in case the first should be either incapable or unwilling
to accept the legacy; for example, if a testator should give to Peter his
estate, but in case he cannot legally receive it, or he willfully refuses
it, then I give it to Paul; this is a direct substitution. Fidei commissary
substitution is that which takes place when the person substituted is not to
receive the legacy until after the first legatee, and consequently must
receive the thing bequeathed from the hands of the latter for example, I
institute Peter my heir, and I request that at his death he shall deliver my
succession to Paul. Merl. Repert. h.t.; 5 Toull. 14.

SUBSTITUTION, chancery practice. This takes place in a case where a creditor
has a lien on two different parcels of land, and another creditor has a
subsequent lien on one only of the parcels, and the prior creditor elects to
have his whole demand out of the parcel of land on which the subsequent
creditor takes his lien; the latter is entitled, by way of substitution, to
have the prior lien assigned to him for his benefit. 1 Johns. Ch. R. 409; 2
Hawk's Rep. 623; 2 Mason, R. 342. And in a case where a bond creditor exacts
the whole of the debt from one of the sureties, that surety is entitled to
be substituted in his place, and to a cession of his rights and securities,
as if be were a purchaser, either against the principal or his co-sureties.
Id. 413; 1 Paige's R. 185; 7 John. Ch. Rep. 211; 10 Watts, R. 148.
2. A surety on paying the debt is entitled to stand in the place of the
creditor and to be subrogated to all his rights against the principal. 2
Johns. Ch. R. 454. 4 Johns. Ch. R. 123; 1 Edw. R. 164; 7 John. R. 584; 3
Paige's R. 117; 2 Call, R. 125; 2 Yerg. R. 346; 1 Gill & John. 346; 6 Rand.
R. 98,; 8 Watts, R. 384. In Pennsylvania it is provided by act of assembly,
that in all cases where a constable shall be entrusted with the execution of
any process for the collection of money, and by neglect of duty shall fail
to collect the same, by means whereof the bail or security of such constable
shall be compelled to pay the amount of any judgment shall vest in the
person paying, as aforesaid, the equitable interest in such judgment, and
the amount due upon any such judgment may be collected in the name of the
plaintiff for the use of such person. Pamphlet Laws, 1828-29, p. 370. Vide 2
Binn. R. 382, and Subrogation.

But Milton's view of the atonement as a substitutionary sacrifice providentially offered by the crucified Christ holds steady from his earliest poems, such as "Upon the Circumcision;' to his final prose treatise, Of True Religion.

For example, both James Dunn in The Theology of the Apostle Paul and Stephen Finlan in Problems with Atonement: The Origins of and Controversy about, the Atonement Doctrine suggest that Paul interprets Jesus' death as a substitutionary sacrifice but not a penalty paid to God for sin, as if God demanded the violence of the cross.

Valaskakis is eloquent and persuasive when she notes that "for Indians, drums are not representations of power but agents of power, or they can be; and both their phenomenological presentation as persons and its substitutionary variability are complex" (p.

In the nineteenth century liberal theologians denied that God created the world in six days, commanded the genocidal extermination of Israel's ancient enemies, demanded the literal sacrifice of his Son as a substitutionary legal payment for sin, and verbally inspired the Bible.

Behind these ghastly images lies the ethically problematic belief of vicarious or substitutionary atonement, a mythical construct which received its mature formulation from Anselm of Canterbury towards the end of the eleventh century CE.

And since the plaintiff does not have a right to recover misappropriated property in specie, the courts came to perceive a need to protect her position through an unusually strong claim for substitutionary relief.

Further, Pearson commented, "According to Philippians Chapter 2, because of the substitutionary death of Christ on the Cross, every knee should bow and every tongue confess, in heaven, earth, and under the earth that Jesus Christ is Lord.

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